Relief’s General Terms of Service

Relief App General Terms of Service

Last Updated: 06/15/2023

These General Terms of Service (these “Terms” for short) are a legal agreement between you, as a prospective or current user of Relief App’s services (“you,” “your,” or “customer”), and Relief Technologies Inc. (“Relief App,” “we,” or “us”) and govern your use of Relief App’s services, including mobile applications, websites, software, and other products and services (collectively, the “Services”).  The Services include our website located at https://www.relief.app/ (the “Site”) and our mobile app made available for download on mobile app stores (the “Application”).

By using any of the Services, you agree to these Terms and any additional terms and policies referenced herein that apply to the Services you use, including our [Privacy Notice, CCPA Notice, and Website Privacy Policy] (collectively, “Privacy Policies”), which are incorporated herein by reference and made available at: https://www.relief.app/terms/.

You may use the Services only if you reside in a U.S. state or the District of Columbia in which the Services are provided, are age 18 or older, can form a binding contract with us, and are not a person prohibited from receiving the Services under the laws of the United States or other applicable jurisdiction. If you cannot confirm the foregoing, then you may not agree to these Terms and may not use the Application or Services. You may use the Services only in compliance with these Terms and all applicable laws and regulations.

We may amend these Terms at any time by posting revised Terms on the Site. You can see when these Terms were last revised by referring to the “Last Updated” legend above. Your continued use of the Services after we have posted revised Terms signifies your acceptance of such revised Terms. No amendment or modification of these Terms will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.

Other aspects of the Services can have unique fees and Product Terms, Conditions, and Disclaimers (each a “Product Term” and collectively, “Product Terms”). In the event of a conflict with this User Agreement and any Product Terms, the terms and conditions of the Product Terms will govern and prevail.

These terms are incorporated by reference into the Product Terms for any Services that you may have now and/or in the future. See the Product Terms for your Products for more information.

Please read these Terms carefully.  If you do not agree to these Terms, do not use our Services.

Section 17 (Arbitration) of these Terms contains an arbitration agreement and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, and representative actions.

  1. Important Information You Need to Know About Opening A New Account

To use the Services you are required to create an account with us (your “Relief App Account”). Federal law requires Relief App, as well as the banks and certain of the third-party service providers we work with to issue products and services in connection with the Services, to obtain, verify, and record information that identifies each person who opens a Relief App Account. The information you provide us will be used to verify your identity for purposes of establishing your Relief App Account. If you decide to apply for another consumer credit or other financial product or service we may offer in the future, those products are issued by third party financial institutions (the “Issuing Banks”) with whom Relief App works as an outsourced service provider. We may provide the information you have provided us to the relevant Issuing Banks to verify your identity in connection with the opening of the accounts associated with such products (each, an “Issuing Bank Account”) or we and/or the relevant Issuing Bank may ask you for updated information. 

Our confidentiality obligations to you and our privacy policies are contained in our Privacy Policies.

  1. Description of Services

The Services include an interactive platform made available through the Application and on our Site, where you may obtain various financial services and products, some of which are provided directly by us and others are provided by our Issuing Banks and other third party partners.

We are always working on new ways to improve the Services. We reserve the right to modify or change the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services except as provided under applicable law. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue any Services.

  1. Compatible Mobile Device Operating System; Mobile Devices Generally

In order to use the Application, you must have a compatible mobile device operating system that meets the specifications established by Relief App in its sole discretion, as described in the Relief App E-Sign Disclosure. In addition to having a compatible mobile device operating system, a mobile device that has been modified contrary to the manufacturer’s or mobile service provider’s software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. “jailbreaking”), is not a compatible device with the Application for purposes of these Terms. The use of any modified mobile device with the Services is a violation of these Terms and is grounds for the immediate termination of your Services, including your Relief App Account, by Relief App without notice to you in Relief App’s sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace (e.g., Apple, Inc. (iOS), or Google Inc. (Android)), and these Terms do not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Services (e.g., data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s own network. You agree to resolve any problems with your mobile service provider without involving Relief App; Apple, Inc. (iOS); Google, Inc. (Android); or any other operator of an app store or marketplace. You must comply with applicable third party terms when using the Services (e.g., you cannot be in violation of your wireless provider agreement when using the Services).

  1. Relief App Site

The Services may not be utilized through the Site. Only the Relief App Application offers the Services.

  1. Agreement with Respect to Terms

These Terms constitute a legally binding agreement between Relief App and you. You are responsible for regularly reviewing these Terms. You can review the most current version of the Terms at any time on the Site or on the Application. You acknowledge that you have read these Terms, and accept, understand and will be bound by such Terms. You further acknowledge that these Terms, together with the Relief App Privacy Policy and Relief App Customer Terms of Service, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement, oral or written, and any other communications between us relating to your access or use of the Services. Additional documentation may be applicable to your relationship with Issuing Banks in connection with the Bank Services.

  1. Registration

Only customers eighteen (18) years of age or older with a valid United States Social Security number (“SSN”) may register and participate in Relief App’s valuable products and services offer program. By registering for a Relief App Account, you certify that you are eighteen (18) years of age or older.

When you provide information through the Services, you agree to furnish only true, accurate, current and complete information about yourself and not to misrepresent your identity or your account information.

If you register to create a Relief App Account through the Services, you consent to accept responsibility for all activities that occur under your Relief App Account or password. It is your responsibility to maintain the confidentiality of your password, and to restrict access to your computer, mobile device, or other Internet access device so that no one else can access the password-protected portion of the Services using your name or account information in whole or in part.

We maintain the right to delete your Relief App Account or bar you access to the Services in our sole discretion, without notice and without liability.

If any information you furnish is fraudulent, inaccurate or not current, or if Relief App has reasonable belief to suspect that such information is untrue, inaccurate or not current, Relief App, in its sole discretion, has the right to deny or terminate your use of any Service and refuse all current or future access to the Service. Further, you agree that Relief App will not be liable to you or any third party if Relief App bars your access for any reason. Relief App has the rights to your account information set forth in the Privacy Policy.

While enrolling for the Services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, annual income, driver’s license number and social security number or individual taxpayer identification number); and personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, and to fulfill our obligation to provide our Services to you, including communicating with third parties as necessary to provide such Services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.

We may not be able to open an account for you. In the event we have accepted any funds from you in connection with an account application or otherwise, you may be responsible for providing us a mailing address to which payment of any refund can be sent.

  1. Customer Consent to Access Account Information

If you apply for and receive an Issuing Bank Account, you hereby consent to us and the Issuing Bank that we may access the account information related to your Issuing Bank Account in connection with the Services. You acknowledge and agree that the account information that we and/or the Issuing Bank may access includes, without limitation, account history (such as payment dates and amounts, balance information, and transaction information); financial account information (such as account number, type, and status); and financial account holder information (such as the account holder’s name, address, phone number, and email address). We and/or Issuing Bank will request your account information from your Issuing Bank on a periodic basis until your consent is withdrawn.

  1. Feedback

You may provide feedback, comments, suggestions, survey responses, and ideas concerning use of, or suggested improvements or enhancements to, the Services (collectively, “Feedback”). Submitting Feedback is entirely voluntary and we are free to use your Feedback as we see fit without any obligation or compensation to you. 

  1. Intellectual Property Rights 

Nothing in these Terms shall be construed as conferring any license to any of our intellectual property rights, or those of a third party, other than for your limited use of the Services in accordance with these Terms.  As used in these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You agree that certain content made available to you through the Services is protected by Intellectual Property Rights (“Protected Content”).  You agree not to modify, alter, remove, or deface any of the Protected Content, including trademarks, service marks, and logos displayed through the Services.  You agree to only use the Protected Content for the limited purpose for which it is made available to you.  You also agree not to use the Protected Content in a way that causes or is likely to cause confusion regarding the owner or authorized user of the Protected Content.  You also agree not to defame or disparage Relief App or our trademarks or service marks, name, or any aspect of the Services.  You agree not to adapt, translate, modify, decompile, disassemble, copy, create derivative works of, or reverse engineer the Services or any software or programs used in connection with the Services.  You also agree not to remove, obscure, or alter Relief App’s or any third party’s copyright notices, trademarks or other proprietary rights notices contained in the Services.

  1. Relief App Content; Third Party Content and Services

In connection with the Services, Relief App may provide certain reports, information, and other content through the Application or otherwise to you in connection with the Services, including general informational communications or postings, reports, analyses, summaries and/or evaluations of your activity as well as any Relief App logos, marks, names or designs (collectively, "Content").  A portion of the Content is provided by third parties (“Third Party Content”). The Content is protected by applicable intellectual property rights and is the property of Relief App or, as applicable, Third Party Content providers, including our third party licensors and partners, service providers, and other entities that provide Third Party Content to Relief App. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the App hereunder. You will not, and have no rights to, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content. Relief App and its licensors make no representations or warranties regarding the accuracy or completeness of the Content. All Content, including that of third parties (“Third Party Content”), is provided for your convenience only on an "as is'' and "as available" basis without warranty of any kind.  Relief App does not warrant, guarantee, support, verify or otherwise have any responsibility for the completeness, truthfulness, accuracy, desirability, profitability or reliability of any Content, including without limitation any reports, analyses, summaries and/or evaluations of your activity. All use of and reliance upon any such information (or any Content) by you shall be solely your responsibility and at your sole risk. 

You acknowledge that there may be inaccuracies or typographical errors in Content on the Site and Application from time to time and agree that we specifically disclaim all liability for such inaccuracies or errors. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate.

Relief App is not responsible for the accuracy, completeness, or reliability of Third Party Content.  We disclaim all liability to the extent that you rely upon Third Party Content.  You understand and agree that Relief App will not be responsible for, and Relief App undertakes no responsibility to monitor or otherwise police Third Party Content.  You agree that Relief App shall have no obligation and incur no liability to you in connection with Third Party Content.  You may find certain Third Party Content to be outdated, harmful and/or inaccurate.  You rely upon Third Party Content at your own risk.

We will not provide tax or legal advice with respect to your Account. We will not give you legal advice. You agree that none of the Content provided through the Site or Application is intended as, and shall not be deemed to be, tax or legal advice. You acknowledge that you should consult with a personal tax advisor before making tax-related financial decisions.

  1. Third Party Data Sharing

Use of Plaid Services: To connect an account, Relief requires you to use a service offered by Plaid Inc. (“Plaid”). By using these Services, you acknowledge and agree that Plaid’s Privacy Policy and Terms of Service will govern Plaid’s use of information it collects about you or that you provide to Plaid, and you expressly agree to the terms and conditions of Plaid’s Privacy Policy. Further, you expressly grant Plaid the right, power, and authority to access and transmit your information as reasonably necessary for Plaid to provide the Services to you. 

Use of Method Services: Relief uses Method Financial ("Method") to gather your liability and bill data from third-party financial institutions and Method credit partners. As part of your relationship with us, and to provide you with the services or products you requested, you acknowledge and agree that:

We use Method Financial ("Method"), a third party service, to validate your identity and prevent fraud using information from your wireless carrier. Solely for those purposes, you agree that we can provide information about you to Method or its service provider(s), and that your wireless carrier may disclose information about you to Method or its service provider(s);  

You authorize Method to obtain a consumer report and information about you from one or more consumer reporting agencies ("credit pull"). You understand the credit pull is a soft inquiry that will not impact your credit score. Method will use this information solely in connection with identifying and obtaining data on your liability/debt accounts such as account number, type, balance, interest rate, payoff information, late fees, payment history, etc. ("Enhanced Data"); 

You authorize and direct Method to act on your behalf to access, obtain, and transmit the Enhanced Data from your financial institutions, lenders, creditors, and service providers, or any of their third parties, and you consent to Method sharing the Enhanced Data with us. Your authorization, direction, and consent remains effective for the duration of your business relationship with us, solely for the purpose of providing you with services or products that you may request from us from time to time;

You acknowledge and agree to Method's Privacy Policy at https://methodfi.com/legal/privacy and Terms of Service at https://methodfi.com/legal/terms

Communication with Creditors Regarding Your Accounts: Relief works with your creditors to assist you in reducing your debt. By using these services you acknowledge and agree to allow Relief to share your nonpublic personal information, including but not limited to, your account information, credit history, payment history, and savings plan with your creditor(s). Furthermore, you permit Relief to speak to your creditors regarding your account. 

  1. Links to Third Party Sites

We provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse, monitor, review, investigate, verify, or validate the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. We are not responsible for the accuracy or reliability of any information on the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of these Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Services. When you use a link to go from the Services to a Linked Site, our Privacy Policy is no longer in effect. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.  

  1. Telephone Monitoring/Recording 

We may monitor and/or record telephone calls and mobile chats between you and us to assure the quality of our customer service team, or as required by applicable law. 

  1.  Customer Service

You can contact us during business hours Monday through Friday 9:00 am - 5:00 pm Pacific time. Our customer experience team is available through phone, email, and in-app chat. 

Phone number: (888)-354-9022
Email: help@relief.app

  1. Permitted Uses

Subject to the provisions in these Terms, you may use the Services for non-commercial purposes to: (i) learn about the Services; (ii) open Accounts to participate in the Services; (iii) select a Service or Services; (iv) access and print or download copies of the current version of these Terms and other documentation relating to the Services; and (v) make such other use of the Services as we may expressly permit from time to time in furtherance of the objectives and growth of the Services. Subject to these Terms, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the Services and their Content in accordance with these Terms, and for no other purpose. All rights, title and interest in and to the customer interface and Content, including any software, on or through the Services shall belong to us or our licensors and suppliers, including all modifications thereof and enhancements thereto. The Content and customer interface made available from, on or through the Services may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms is solely for your personal use (but not for resale or redistribution) as a customer of the Services and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and customer interface made available from, on, or through the Services. You have no right or claim of right to the Content or any unique ideas found on the Services. No ownership rights are granted to you hereunder and no title is transferred hereby.

  1. Prohibited Uses

You may not use the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making disparaging comments to any customer of the Services. We reserve the right to take preventive or corrective actions to protect ourselves and our customers. Your use of the Services is conditioned in part on your compliance with these Terms, and your failure to comply may result in termination of your access to and use of the Services and liability for damages caused by your noncompliance. While using the Services, you may not: (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another customer’s Account without permission, or solicit another customer’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; (f) “frame” or “mirror” any portion of the Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services; (h) harvest or collect information about or from other customers of the Services; (i) use the Services for any illegal activity; (j) probe, scan or test the vulnerability of the Services, nor breach the security or authentication measures on the Services or take any action that imposes an unreasonable or proportionately large load on the infrastructure of the Services, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi- level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of Relief App, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of Relief App; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.

  1. Customer Permission for Text Messaging/Alerts, Push Notifications and E- Mail

By agreeing to this User Agreement, you agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates charged by your cell phone carrier may apply to the texts we send you. 

All other communication standards are addressed under our Telephone Use Agreement.

  1. Arbitration 

Any claim, dispute, or controversy ("Claim") between Relief App and you (each a “Party” and together “Parties”) arising out of or relating in any way to these Terms or your use of the Services shall be governed exclusively by this Arbitration Clause (the “Arbitration Clause”), which is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16) notwithstanding any state law to the contrary and regardless of the nature of the Claims at issue. All Claims must be filed within one year of when the Claim arises unless applicable law prohibits such a restriction. Otherwise, it is permanently barred. 

Before starting a lawsuit or arbitration, the complaining party must give the other party written notice describing in reasonable detail the Claim and the supporting facts (the “Claim Notice”). The Claim Notice must be mailed to Relief App at: 2000 Ponce de Leon Blvd, Suite 500, Coral Gables, FL 33134. Please include your account number and phone number where you (or your attorney) can be reached. We will mail any Claim Notice to you at the physical address we have on file for you. Once a Claim Notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Claim on an individual basis. 

Any unresolved Claim must be resolved FINALLY and EXCLUSIVELY by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (except for matters that may be taken to a small claims court). Further, if a Party brings a Claim in arbitration, the other Party may also remove that Claim to small claims court (or the equivalent court with jurisdiction over the Claim) if the amount at issue (exclusive of attorneys’ fees and costs if applicable law so provides) is properly within the jurisdiction of such court. In such case, the opposing Party must provide notice of intent to remove to small claims (or equivalent) court within 30 days after the arbitration demand is acknowledged by the AAA. In any event, if the Claim is removed, appealed or transferred from small claims (or equivalent) court to another court, it shall be subject to arbitration at the election of either Party. The Parties also reserve the right to demand arbitration if the small claims (or equivalent) court case contains any class or representative claims. 

Arbitration will proceed on an INDIVIDUAL BASIS, so class actions and similar proceedings will NOT be available. 

The arbitrator shall have no authority to entertain any Claim as a class action or on any similar representative basis, nor shall the arbitrator have any authority to consolidate Claims brought by separate claimants. The arbitrator shall have the authority to award all remedies available in an individual lawsuit under applicable law, including, for example, compensatory, statutory and punitive damages (which shall be governed by the same standards that would apply in court), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. 

All determinations as to the scope, interpretation, enforceability and validity of the General Terms Agreement shall be made final exclusively by the arbitrator, which award shall be binding and Final; provided, however, the enforceability of the waiver of the right to bring a Claim on behalf of a class or in a representative capacity shall be determined exclusively by a court of competent jurisdiction. Judgment on the arbitration award may be entered in any court having jurisdiction. 

For a copy of the procedures, to file a Claim, or for other information about this organization, contact the association at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org. 

You may opt out of this Arbitration Clause for all purposes by mailing a written arbitration opt out notice to 2000 Ponce de Leon Blvd, Suite 500, Coral Gables, FL 33134 via Certified U.S. Mail, Return Receipt Requested. The opt out notice will not be effective and you will be deemed to have consented to this Arbitration Clause unless the notice is received by us within 60 days of the date the Arbitration Clause was provided to you. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You must present the return receipt received from the U.S. Postal Service in the event there is a dispute over whether your opt out notice was sent, or whether it was sent and received in a timely manner, in accordance with this Arbitration Clause. No other methods can be used to opt out of this Arbitration Clause. Rejection notices sent to any other address, or sent by electronic mail or sent in a manner without return receipt proof of delivery or communicated orally, will not be accepted or effective. Opting out will not affect the other provisions of this Agreement. If you opt out of this Arbitration Clause, it will not operate to reject any prior or future Arbitration Clause between you and us. 

UNLESS YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE AS PROVIDED HEREIN, YOU ARE WAIVING THE RIGHTS TO (I) HAVE A CLAIM DECIDED BY A COURT (EXCEPT SMALL CLAIMS COURT); AND (II) ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT. 

Relief App will pay any filing, administration, and arbitrator fees imposed by the AAA. Each Party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. 

Where applicable, if you are covered by the Military Lending Act, then you are not bound by this Arbitration Clause, and to the extent required by the Military Lending Act, nothing in this Agreement will be deemed a waiver of the right to legal recourse under any otherwise applicable provision of state or federal law. 

This arbitration provision shall survive: i) the termination of this General Terms Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of any Services, or any amounts owed in relation to any Services you use, to any other person or entity; or iv) closing of any Services offered to you. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force except that if the waiver of the right to proceed as a class or in a representative capacity is declared unenforceable in a proceeding between you and us, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Clause (except for this one sentence) shall be null and void in such proceeding. 

  1. Your Warranties

You represent and warrant to Relief App that (a) all information, including, without limitation, personal information, that you provide to us is accurate and truthful, and you will update such information with Relief App as soon as it changes, (b) you have the authority to share personal information with us and to grant us the right to use personal information as provided in these Terms and Relief App Privacy Policy, (c) you have the right to grant us the licenses specified in the section titled “Content and Materials” above, if applicable, (d) your acceptance and use of the Services pursuant to these Terms does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, (e) you will not use the Services in connection with any fraudulent or illegal activity or in any manner which interferes with the operations of the Services, (f) the account with your mobile service provider for the mobile device on which you are using the Services, including the Application, is current and in good standing, (g) you are at least 18 years of age and have the right, power, and authority to enter into these Terms, and (h) your Content does not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.

  1. Disclaimer of Warranties; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK AND UNDER NO CIRCUMSTANCES WILL RELIEF APP BE LIABLE FOR (AND YOU RELEASE RELIEF APP FROM, AND WAIVE ANY RIGHTS TO BRING ANY CLAIMS FOR, ANY LIABILITIES ARISING FROM) ANY RELIEF APP CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OR ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON WITH RESPECT TO THE SERVICES. THE SERVICES AND RELIEF APP CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RELIEF APP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND RELIEF APP CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RELIEF APP AND ITS THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RELIEF APP PRODUCTS WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR OTHER MATERIAL PURCHASED BY OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RELIEF APP OR THIRD PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER RELIEF APP NOR ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF RELIEF APP OR ITS THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF RELIEF APP AND ITS SERVICE PROVIDERS WERE ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS AND CONDITIONS.

  1. Limitation of Remedies

You agree to protect and fully compensate Relief App and its affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by or arising from your use of the Services, your violation of these Terms or your infringement (or infringement by any other user of your Account) of any intellectual property rights or other right of anyone.

  1.  Indemnification for Content and Materials

You will indemnify and hold Relief App and its Affiliates harmless with respect to any suits or claims arising out of (i) your breach or alleged breach of these Terms, including, but not limited to, any infringement or alleged infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Services or your misuse or abuse of the Services; (iii) your violation or alleged violation of applicable laws, rules or regulations in connection with your use of the Services, or (iv) our use of your Content  generated or uploaded by you in accordance with these Terms. You agree to indemnify and hold Relief App, its third-party vendors, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of any Content submitted, posted, or otherwise provided by you to Relief App and/or its third party advertisers and any breach by you or your affiliates, employees, agents and representatives of any provisions of these Terms.

  1.  Governing Law and Dispute Resolution

These Terms shall be subject to and construed under the laws of the State of New York, without reference to the conflicts of law provisions thereof.

  1. Interpretation

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms (including your customer registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

  1.  Termination

You may terminate your relationship with us by notifying us in writing using the information in Section 26 (Questions & Contact Information) below.

We may terminate or suspend your Relief App Account and/or use of the Services immediately without notice, and without liability to you or any third party. If your Relief App Account and/or use of the Services is terminated, you will still remain liable for any obligations incurred by you in connection with using the Services. We have the right to bar you from accessing the Services without liability to you or any third party.

  1.  Entire Agreement

These Terms, together with the Privacy Policy, and any other related terms incorporated within this document or the app by your use of the Relief Services, and the Debt Settlement Disclosures represent the entire understanding between you and Relief App governing the Services. In the event of any conflict between these Terms and the terms of a third-party agreement, the terms of these Terms will prevail as between you and Relief App. Additional agreements may be applicable to your relationship with Issuing Banks in connection with the Bank Services or creditors involving settlement agreements.

  1.  Questions & Contact Information

Should you have any questions concerning these Terms, please contact us by email at help@relief.app or by regular mail at 2000 Ponce de Leon Blvd, Suite 500, Coral Gables, FL 33134. For an online copy of these Terms, please go to https://www.relief.app/terms.